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Phases of an Auto Accident Lawsuit

Medical bills, property damage, and lost wages can be substantial following an auto accident law firms accident. An experienced lawyer can help you in receiving the amount you are due.

The procedure is different from case to case however, generally it starts with filing an action. The discovery phase, trial and any appeals follow.

Medical Records

Medical records are an essential component of any auto accident lawyer accident lawsuit. They can help jurors or judges determine the impact of the accident on your life. This includes the emotional, financial physical and emotional costs. Insurance companies will be unable to challenge the narrative told by medical records.

Based on the laws of your state and the policies of your doctor depending on your state's laws and your doctor's policy, you could have only a short amount of time to request medical documents from healthcare providers. This is the reason you should consult with a lawyer as soon as possible following an accident. The law provides access to these records through the Health Information Portability and Accountability Act (HIPAA). This doesn't mean you or your lawyer are the only ones who are able to access your medical records. Insurance companies are always looking for any sign that suggests your injuries might not be as serious as you claim or that you have a pre-existing condition.

Your lawyer will use your medical records in order to create a demand letter which will include evidence to support the damages you're seeking. It is important that your lawyer only provides relevant medical documents to the insurance company since they might ask you to sign a medical authorization that permits them to access all your medical records. This is not in your best interest because it could reveal prior injuries that aren't related to the current claim.

Reports of the Police

Police reports are generated each time a law enforcement officer responds to an emergency, including car accidents. While they're not admissible in court (they are deemed to be hearsay) they can provide valuable information to attorneys conducting an investigation and auto accident preparing the case.

A police report is an objective view of what happened during the accident, based on witnesses' statements and observations about the vehicles' damage and weather conditions, drivers, and so on. It's a vital piece of evidence which can assist you in winning an auto accident lawsuit.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency line and provide a receipt or an incident number for identification. You can request copies of your police report through the website of the police department.

When your medical bills or property damage, as well as lost wages reach an amount that is a certain amount, you'll need to start a lawsuit against the driver who is at fault. The police report can be an essential tool in settlement negotiations, especially when you can establish the other driver's responsibility from the evidence provided by the officer. Many cases are settled without going to trial. The process of preparing for trial can be lengthy and your case might not be resolved until a year after filing it.

Insurance Company Negotiations

Once the adjuster has all of the information they need from you and your automobile accident investigation, he'll make an offer of settlement. To make their first offer, they'll enter all the details and facts into a computer program. They'll most likely be able to come up with a figure that's much lower than what you calculated based on your research. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they'll have to pay for medical expenses and other damage. You can counter by pointing out all the ways your injuries will affect your life in the near future. For instance, you could draw attention to your increasing medical bills, your decreased earning potential, and the emotional and physical pain that you're currently experiencing.

Your lawyer or you create a demand letter and then present it to the insurance company. This letter will include all of the evidence that you've gathered, including witness statements and photos of your injuries. You should also make an inventory of non-negotiables in order to stop the insurance company from undervaluing your claim. If an agreement is reached and ratified, it will be included in the form of a written settlement agreement. Negotiations can be a back and forth, but remaining patient will help you achieve a fair settlement.

Legal Advice

Discovery is the next stage of the lawsuit in which both parties exchange information and evidence. Parties may seek medical records, police reports and witness statements. They can also send another interrogatories (written questions that must be answered under oath by the deadline). In addition, your attorney will document the extent of your physical, emotional and psychological injuries and any other damages you might seek to compensate for in the future, including current and future medical expenses, property damage and lost wages.

Your lawyer will also talk with experts, such as medical experts mechanics, engineers, and mechanics. These experts can assist the jury get clear information about the injuries and accidents you sustained.

Finally, your attorney will begin negotiations with insurance companies in order to attempt to settle your claim without a trial. However, if the insurance company is willing to offer you a low amount of money or does not take your injury and other damages into consideration the case could proceed to trial.

While only a few cases go to trial, it is vital for the victims to start a lawsuit as quickly as possible. With time memories fade, witnesses pass away and evidence is lost, making it more difficult to present a compelling case for the highest amount of compensation. You must also adhere to your state's statute of limitations which can range between 1 and 6 years.